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Alan Lloyd Joseph's Answers
- 94 Legal Answers
- 0 Legal Guides
3
Attorney answers:
Will i go to jail?
It depends on the Judge. Since you tested positive for an illegal substance you technically violated the terms of your probation. The judge can direct the probation officer to file a violation of probation petition against you. If that happens, your probation term is frozen as of the date the petition is filed until the matter is concluded. If you are continued on probation, your probation term can be extended by the period of time the violation petition was pending. Since your probation...
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4
Attorney answers:
Does an open first-time marijuana ACD (received in Queens, NY) show up on a criminal background check?
If you were fingerprinted, then the arrest will be reflected in a criminal history report. If you were not fingerprinted ( if you received a ticket for UPM you should not have been) then it should not appear on any criminal history report. By the way, a marijuana ACD should be for 1 year.
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3
Attorney answers:
Got a Parking ticket in Schenectady, NY - Parking facing against the direction of traffic
You always have the right to plead not guilty and appear in court to either argue your case or try to plea bargain the matter. You need to choose whether the time off from your normal schedule is worth it. As far as receiving a warning, there is no absolute right to receive a warning rather than a ticket.
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2
Attorney answers:
My neice was seved with papers for count in nassau county for emergency custody for 2 of her 4 children can an attoney in broome
Unfortunately, she will probably need to retain an attorney in Nassau since it does not sound like she has resided in Broome for 6 months. However, she may be able to get the case resolved quickly since the grandmother must allege certain preliminary requirements before the court can even legally consider her petition for custody. Have her consult with an attorney immediately.
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1
Attorney answers:
Must use legal name to sign a Warranty Deed?
The document should have been signed with your present name fka (formerly known as) your maiden name. However, the document remains a legal document even though you did not use your present name. There should be no need to change the paperwork. If you conveyed the property to someone else using a Bargain and Sale with warranty against grantor's acts deed, then I would assume a Title company was involved in the matter and authorized the transfer. If you are still concerned over the...
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2
Attorney answers:
In foreclosure, went to court pro se, agreed with banks lawyer to do special forbearance - 3 months. Completed on time.
You should request that the matter be restored to the calendar and brought back before the judge for a further conference. You may need to get your own attorney involved. If the judge issued an actual order to re-modify the mortgage and the bank has violated that court order you may be entitled to additional relief from the court.
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1
Attorney answers:
Can a realtor accept other offers when there is a signed contract already in place awaiting bank approval in a short sale?
The realtor can accept backup offers, but your contract has priority, as long as you are in full compliance with the terms of the contract. If you are the purchaser and the seller's bank refuses to agree to the short sale, the seller can probably rescind the contract and proceed with other offers. I would assume there is such a contingency clause in the contract. You should probably discuss this further with your attorney so you are fully aware of your rights and options. If you do not...
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1
Attorney answers:
Do I have the right to kick her out?
If your mother has apartments and you are renting one from her, then your GF is probably right since a tenancy has been created. Otherwise, both you and she are nothing more than guests in your mother's home. You may wish to contact the local police department for assistance. If your mother advises the police that your GF is an unwanted guest in her home, they may assist by telling her she has to leave or face arrest for trespassing. However, I would be careful not to lay the foundation...
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2
Attorney answers:
What are the consequences for a person over 21-years old who tried to steal an item from a duane reade pharmacy?
If that person was arrested or given an appearance ticket to appear in court, that person would be charged with petit larceny, a class A misdemeanor (a crime) and could face up to one year in jail and/or a $1000 fine. He/she should definitely consult with an attorney. If he/she was not arrested, then security was probably referring to a letter from a civil attorney demanding money (typically 3x the value of the stolen item). NY allows the merchant to send such a demand, but you can...
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3
Attorney answers:
Can a executor and or trustee of a will get paid?
Executors/trustees are entitled to compensation unless the will specifically precludes it. The compensation will depend on the size of the estate. You shold consult with a lawyer to discuss the specifics.
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